AB 355 Summary

• Creates a procedure allowing sister state personal representatives to collect personal property exceeding $100,000 from nondomiciliary decedents without ancillary probate administration, if the decedent did not own California real property at time of death.

• Requires the sister state personal representative to publish notice to creditors, provide notice of death to interested parties, conduct diligent search for California real property, and submit an affidavit or declaration under penalty of perjury to property holders.

• Allows sister state personal representatives to compel property holders to deliver property and provides for attorney's fees if the court finds the holder acted unreasonably in refusing delivery; property holders are released from liability upon receipt of the affidavit.

• Prohibits use of this procedure if estate administration is pending in California and allows later proceedings to compel restoration of transferred property to the estate, with liability extending three years from affidavit presentation or discovery of fraud.

• Exempts this act from state reimbursement requirements under Article XIII B of the California Constitution as it only changes the definition of the crime of perjury.